The divorce statistics - what are digital divorces?

With the introduction of digital divorces, it is now even easier to formalise your separation. A digital divorce is where all stages of the divorce are dealt with online. On some occasions, even the hearing can take place via video call. This means that you can legalise your separation without stepping outside your home.

For some time now, we have seen an increase in the use of the portal. In fact, since the introduction of the no-fault divorce in April 2022, 89,123* applications have been submitted. 

The portal is accessible to the general public and is free to use. It is available for a divorce or the dissolution of a civil partnership. All you need is access to a computer (or a smart mobile phone or tablet), the internet, and an email address.

The online service provides prompt guidance to assist you in completing the application using non-technical language. You can make any payments online instead of sending cheques in the post, and you can even upload supporting evidence at the same time. Gone are the days when your original marriage certificate would need to be sent to the court. Now, as long as the photo is clear and the marriage certificate is legible, the evidence can be uploaded electronically. You do not need fancy technology for this, as most mobile phones now have a built-in camera, so uploading the evidence to the portal takes seconds.

Once the application has been submitted, the case is referred to a court officer or a judge. The application is then processed accordingly.

The most significant advantage of a digital divorce is, by far, the speed and efficiency it brings. At Birkett Long, we encourage our clients to issue the divorce themselves wherever possible, as it also assists with keeping their legal fees to a minimum. The simplicity and convenience of issuing a divorce online make it more accessible to the general public. This also helps with practical issues such as finding a printer or a scanner to complete the application.

The digital divorce will not be for everyone. If you are not fond of technology and prefer to stick to paper, you can still issue a divorce by filling out a paper application and submitting everything to the HMCT Divorce and Dissolution Service by post. However, the application will likely be processed slower than a digital application.

There are not many disadvantages to a digital divorce, but depending on your circumstances, you may need legal advice before issuing an application. For example, there may be cross-jurisdiction issues, your spouse may not be in agreement or may be evading service, or you may simply wish to understand the whole process before diving into the deep end.

It is also important to remember that digital divorce does not deal with financial matters. According to the statistics, “in October to December 2022, the number of financial remedy applications was down 6%, and the number of disposal events was down 37% compared to the same period in 2021”. It may be that the reason for this decline is that it is not obvious that upon a Final Order (previously Decree Absolute) being made, your financial claims are not automatically dismissed. Just because you have a Final Order, it does not mean that you do not need a Financial Remedy Order to deal with the matrimonial property and assets. 

In the absence of a financial order, your claims arising from the marriage remain open. This means that your spouse can come back at a later date (for some, it may even be 20 years later) and seek a share of your assets or income. On the other hand, if you do not make a claim and subsequently remarry, you may lose out on the ability to bring a claim in relation to the matrimonial assets.

It is also important that you do not hastily seek a Final Order (to finalise the divorce) before obtaining a financial order. This is because upon a Final Order being granted, you are no longer considered to be your ex-partner’s spouse and may lose out on certain spousal rights in life and death. This can be particularly important if you have a Matrimonial Home Rights Notice registered on the family home.

We can assist you with negotiating a settlement and thereafter submitting the relevant paperwork on the solicitors’ portal for a judge’s consideration. If the judge is happy with the agreement, it will be approved as an order of the court, and financial claims will come to an end. Again, this can all be done digitally (unless a judge considers a hearing necessary). At Birkett Long, we are happy to meet our clients in a way that works for them so the entire process can be remote.

Overall, whilst we are one step closer to making a legal separation much more accessible, legal advice remains a significant part of the process.

For more information about how we can help, our family solicitors all offer a free initial 15 minute telephone appointment to discuss your needs. I can be contacted on 01245 453818 or via email at farrah.harvey-nawaz@birkettlong.co.uk

* You can read further family court statistics in the UK here: https://www.gov.uk/government/statistics/family-court-statistics-quarterly-october-to-december-2022/family-court-statistics-quarterly-october-to-december-2022#divorce.